Methvin v. Bexly
Supreme Court of Georgia
In Equity, in Coweta Superior Court. Demurrer. Decided by Judge Warner, September Term, 1854. William Methvin filed his bill in Coweta Superior Court against James Bexly, Sheriff of said county — Spencer Riley and Alpha Martin alleging that in April, 1850, the said Bexly, as Sheriff of said county, sold lot of land, No. 222, in the 1st dist. of Coweta County, under two fi. fas. issued in favor of Riley, against the said Martin, from a Justice’s: Court in Bibb County, one for…
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In Equity, in Coweta Superior Court. Demurrer. Decided by Judge Warner, September Term, 1854. William Methvin filed his bill in Coweta Superior Court against James Bexly, Sheriff of said county — Spencer Riley and Alpha Martin alleging that in April, 1850, the said Bexly, as Sheriff of said county, sold lot of land, No. 222, in the 1st dist. of Coweta County, under two fi. fas. issued in favor of Riley, against the said Martin, from a Justice’s: Court in Bibb County, one for $21 07 principal, and the-other for $20 19 principal, for the sum of $145 50, which sum, after paying off the fi. fas.…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] This bill, as it stands, has in it no equity. It contains no allegation, going to show the perpetration of any fraud on> the purchaser, or going to show the invalidity of the judgments on which the fi. fas. were founded. The only thing it complains of is, that the defendant in the fi. fas. had no title to the property sold under the fi. fas. and purchased by the-complainant. But this is no ground for an action, either at Law or in Equity. If it had been, Martin, the defendant in they?, fas. himself, who had sold this land to the complainant,…
2Cited by11 opinions
- Pinkston v. HarrellSupreme Court of Georgia · 1898
- Milam v. AdamsSupreme Court of Georgia · 1960
- Lowe v. RawlinsSupreme Court of Georgia · 1889
- Brady v. SmothermanCourt of Appeals of Georgia · 1935
- Pittman Construction Co. v. City of MariettaSupreme Court of Georgia · 1933
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